In October 2004, many pundits predicted an evolutionary change in the banking world when Check 21 went into effect. The legislation, which lets banks issue “substitute,” or scanned, checks, held the promise of drastically reducing paperwork and expediting transactions. That’s ...
Read More »Missouri statute forces COA to vacate child support award
In a remarkable move, a member of the Missouri Court of Appeals for the Western District offered the state legislature advice on how to fix a flawed law, after the court was forced to ostensibly take a college education away ...
Read More »Age discrimination plaintiffs can sue for 'Disparate Impact'
Plaintiffs who claim that an employer’s practices had a disparate impact on older workers can sue for age discrimination under the ADEA, the U.S. Supreme Court has ruled. However, the scope of disparate impact claims under the ADEA is narrower ...
Read More »Delinquencies, foreclosures down in fourth quarter
The fourth-quarter 2004 National Delinquency Survey, released by the Mortgage Bankers Association, shows that the seasonally adjusted delinquency rate for mortgage loans on one-to-four-unit residential properties stood at 4.23 percent at the end of the fourth quarter, down 26 basis ...
Read More »New trial ordered in personal injury suit against Missouri Public Service
A trial court jury’s award of $50,000 in a personal injury case involving Missouri Public Service, Energy One, a Division of Aquila, has been upheld by a higher court on the issue of liability, however it will be sent back ...
Read More »Mo. Supreme Court finds Web site posting not official rule
With more governmental agencies posting information on Web sites, how closely should the public follow that information? Can agencies enforce the rules they post there if they cite Missouri law? In a decision handed down Tuesday, the Missouri Supreme Court ...
Read More »New columnist joins 'Daily Record' staff
David Kight, a director with Shughart Thomson & Kilroy, P.C. in Kansas City, is the latest columnist to join the ranks of The Daily Record. Kight, an experienced labor lawyer and litigator will write on employment law issues. His column, ...
Read More »Bankruptcy Panel bars debtor from exempting rents
A man with three mortgages could not convince the 8th U.S. Circuit Bankruptcy Appellate Panel that the rents paid for his property belonged to him and not his trustee, which reversed a finding by the bankruptcy court of North Dakota. ...
Read More »Employers asking amorous workers to sign affidavits declaring consent
Skittish about the potential legal fallout, an increasing number of employers are asking amorous workers to sign affidavits declaring that their relationships are consensual. These so-called “love pacts” are aimed at minimizing liability risks if the office affair sours and ...
Read More »Growing a business requires credit smarts
Next week, Scott and Lauren Kolbe will go loan shopping at different banks in the hope that credit assistance may help their marketing business grow. “This is totally new for us,” said Scott Kolbe, vice president of KolbeCo Marketing Resources, ...
Read More »Alleged interference with exercise of FMLA rights rebuffed
In Nancy Armstrong v. MC Tech Co., Esterline Technologies, Inc. and Charles Wheeler, a case under the Family Medical Leave Act, a jury returned a full defense verdict recently in Springfield, Missouri. The FMLA, often cited as a virtual “strict ...
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